If a foreigner receives a return decision from the Immigration Office in Romania, do not assume it is final. Many such decisions can be appealed in front of Appeal Court and canceled if they lack proper legal grounds.
🔹 A return decision does not always mean the applicant must leave Romania.
🔹 Courts can cancel these decisions if they are unjustified or disproportioned.
🔹 With the right legal arguments, people may secure their rights to stay in Romania.
🔹The applicant has only 10 days for submitting the claim against the return decision.
What is a return decision and when is issued?
RETURN DECISION
The return decision is an administrative act issued by the General Inspectorate for Immigration or its territorial units, through which foreign nationals are required to leave the territory of Romania.
A return decision is issued to foreign citizens in the following situations:
a. At their request, when their stay in Romania has become illegal;
b. When they are found to be staying illegally;
c. To former asylum seekers whose asylum procedure has been completed or who have withdrawn their request;
d. In case of revocation or cancellation of the right of residence;
e. Upon revocation or cancellation of the entry visa to Romania.
The deadlines by which foreigners who have been issued a return decision must leave the territory of Romania begin from the date the decision is communicated and brought to the foreigner’s attention, in accordance with the provisions of the present emergency ordinance.
A return decision can be challenged within 10 days from the date of communication before the Bucharest Court of Appeal, if issued by the General Inspectorate for Immigration, or before the court of appeal within the jurisdiction of the territorial unit that issued the return decision.
The court will rule on the request within 30 days from the date of receipt. The court’s decision is final and irrevocable. A legal appeal filed within the given timeframe against the return decision suspends the enforcement of the removal measure.
Foreign nationals who fail to comply with the return decision or do not voluntarily leave the territory of Romania may be subject to forced removal under escort.
Seek legal advice immediately, our team is ready to help!
The right and a fast approach could make all the difference in securing the future in Romania!
Catalina Staniu-Immigration Lawyer
E-mail avocat@staniu.ro
